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Unfair Labor Practices

What is an Unfair Labor Practice?

Conduct by a school employer or school employee organization that violates IC 20-29-7.

It is an unfair practice for a school employer to do any of the following:

(1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.

(2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.

(3) Encourage or discourage membership in any school employee organization through discrimination in regard to:

(A) hiring;

(B) tenure of employment; or

(C) any term or condition of employment.

(4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.

(5) Refuse to:

(A) bargain collectively; or

(B) discuss;with an exclusive representative as required by this article.

(6) Fail or refuse to comply with any provision of this article.

It is an unfair practice for a school employee organization or the organization's agents to do any of the following:

(1) Interfere with, restrain, or coerce:

(A) school employees in the exercise of the rights guaranteed by this article; or

(B) a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances. This subdivision does not impair the right of a school employee organization to adopt its own rules with respect to the acquisition or retention of membership in the school employee organization.

(2) Cause or attempt to cause a school employer to discriminate against an employee in violation of section 1 of this chapter.

(3) Refuse to bargain collectively with a school employer if the school employee organization is the exclusive representative.

(4) Fail or refuse to comply with any provision of this article.

What action does the IEERB take upon the filing of an unfair labor practice complaint?

The IEERB gives notice to the employer, person or organization against whom the complaint is directed, and appoints a hearing examiner. The hearing examiner then determines whether IEERB has jurisdiction over the complaint and, if so, holds a hearing and issues a decision. The parties may seek review of the decision by the full three-member Board. Orders of the Board are subject to judicial review by the courts.